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Highlights / Annotations / Catch Notes For November of 2022
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Showing 1 to 50 of 565 Records
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November 30, 2022
GST:
Refund of input tax credit - accumulated credit due to inverted rate of GST - stipulation of lapsing of credit and cut-off date for refund - the Notification dated 26.07....
November 30, 2022
I.Tax:
Reopening of assessment u/s 147 - validity of second show cause notice - The subsequent issuance of the notice cannot be said to be dropping the earlier show cause...
November 30, 2022
I.Tax:
Stay of demand - Recovery of demand - In the present cases, the impugned orders are non-reasoned orders. Neither the AO nor the Commissioner of Income Tax have either...
November 30, 2022
I.Tax:
Scope of the DTVSV scheme - As under the DTVSV Act, 2020 each appeal, writ petition or SLP is treated as a separate dispute which is evident from Section 2(1)(j) read...
November 30, 2022
I.Tax:
Disallowance u/s 14A - necessity of recording satisfaction - Dissatisfaction of the AO is expressly recorded in the assessment order. The said dissatisfaction has been...
November 30, 2022
I.Tax:
Revision u/s 263 by CIT - mistake of non-initiation or incorrect initiation of penalty - the inherent indication u/s 271(1) makes it clear that the Pr. CIT / CIT does...
November 30, 2022
I.Tax:
Reopening of assessment u/s 147 - Reopening based on audit objection and also change of opinion - the reasons recorded in the present case are verbatim what the audit...
November 30, 2022
I.Tax:
Bad Debts - Addition on account of deposits written off on surrender of land development rights - Once the developer was sure that it is not possible to receive back any...
November 30, 2022
I.Tax:
Addition u/s 43CA - assessee-company inadvertently entered into a transaction of purchase of agricultural land, which was void ab-initio - assessee being party of...
November 30, 2022
I.Tax:
Revision u/s 263 - exemption u/s 10(1) - agricultural income - no details are filed by the assessee and the Ld.AO has not verified the exemption claimed by the assessee...
November 30, 2022
Cus.:
Confirmation of penalty, after 15 years of issue of SCN - purchase of goods from the importer - This being a transaction concerning purchase of an item within India,...
November 30, 2022
Co.Law:
Restoration of name of the company - It is not in dispute that Learned NCLT has rightly recorded that the company was not generating funds, but only on account of...
November 30, 2022
IBC:
Validity of order of NCLT - Not considering the Interlocutory Application raising the issue of jurisdiction - Much time and energy is spent by the NCLT on hearing on the...
November 30, 2022
IBC:
Seeking extension of time, for 90 days’ time, with a Bonafide request - to extend the time, to pay the balance purchase consideration - The Appellant / Applicant either...
November 30, 2022
PMLA:
Money laundering - The quashing of FIR of regular case automatically created a situation that the offences, stated and alleged in the FIR has no existence; thus the...
November 30, 2022
S.Tax:
Classification of services - Business Support Services or not - Joint venture - co-developer or agent - if strictly go through the above agreement, it is nowhere...
November 30, 2022
C.Ex.:
Manufacture - conversion of waste oil/ sludge into reclaimed fuel oil/re-refining used oil - process of cleaning of waste oil to yield reclaimed fuel oil does not amount...
November 30, 2022
VAT:
Refund of the excess Central Sales Tax collected by IOCL and remitted to the State of West Bengal - production of Form “C” declarations - The circular issued by the...
November 30, 2022
VAT:
Recovery of arrears of tax from the ex-directors - Since the 2nd respondent-Company is not wound-up, no recourse can be made to recover the dues from the Director, who...
November 30, 2022
VAT:
Re-assessment - Time limitation for notices issued - period of limitation enhanced from 5 years to 6 years - Prospective or retrospective amendment - 5 year period...
November 30, 2022
VAT:
Recovery of arrears of tax due from a private limited companyfrom the Directors of the company - The stand of the respondent that since the 3rd respondent has been...
November 29, 2022
GST:
Manner of processing and sanction of IGST refunds, withheld in terms of clause (c) of sub-rule (4) of rule 96, transmitted to the jurisdictional GST authorities under...
November 29, 2022
GST:
Validity of Show Cause notice issued under the GST Act instead to erstwhile Central Excise / Service Tax Laws - Recovery of wrongfully availed CENVAT Credit -...
November 29, 2022
GST:
Input Tax Credit - Canteen service - The two clauses in Section 17(5)(b)(i) and 17(5)(b)(iii) of the CGST Act, which governs the supply of goods and services, are not...
November 29, 2022
I.Tax:
Stay of demand - recovery proceedings - pre-condition for grant of stay of recovery - the actual tax to be demanded, ranging from 0% to 100%, would depend upon the...
November 29, 2022
I.Tax:
Capital gain - 'Transfer' - in the absence of any recital in the aforesaid three documents, much less any recital to the effect that possession of the property in...
November 29, 2022
I.Tax:
Limited Scrutiny assessment - Revenue Authorities are not allowed to travel beyond the issues involved in limited scrutiny cases, except in exceptional circumstances and...
November 29, 2022
I.Tax:
Benefit of exemption u/s 11 - society or trust draws its inspiration for certain charitable activities from religious tenents - merely because it bears its activities on...
November 29, 2022
I.Tax:
Rectification of mistake u/s 154 - expiry of time limit prescribed u/s 154(7) - we beyond any iota of doubt are inclined to hold the orders of both the tax authorities...
November 29, 2022
I.Tax:
Unexplained cash deposit for settling credit card bills - How much cash an assessee keeps cannot be reason for dismissing the explanation regarding payment made in cash....
November 29, 2022
I.Tax:
Revision u/s 263 - unverified URD purchases - All these transactions are interconnected and linked with each other. If any of the transaction is doubted then...
November 29, 2022
I.Tax:
Treatment to rental income - income from other sources - Since the income received by the assessee has been distributed amongst the co-owners of the property and the...
November 29, 2022
Cus.:
Valuation - rejection of declared value - Confiscation of goods - the value declared on the invoice was inclusive of freight and other charges - the value declared do...
November 29, 2022
Cus.:
Penalty u/s 112 (a) of Customs Duty - Penalty on customs officers - Charge of Abatement - Positive evidence to that effect is required to be placed and charge of...
November 29, 2022
IBC:
Undervalued Transactions - Preferential Transactions - Fraudulent Transaction - ‘Transactions’ executed or entered into by the ‘Corporate Debtor’, beyond two years from...
November 29, 2022
FEMA:
Offences committed under the repealed FERA - Appointment of Adjudicating Authority - For the purpose of Section 49(3) FEMA, there has to be a proper authorization of the...
November 29, 2022
PMLA:
Seeking grant of bail - Money Laundering - The investigating agency as mentioned hereinabove consciously preferred not to arrest the applicant during investigation or...
November 29, 2022
PMLA:
Money Laundering - Return of unrelied upon documents seized during raid - There is no doubt that every accused has a right to fair trial but in the present case the...
November 29, 2022
S.Tax:
SVLDRS - etermination of tax - The stance taken by the Department in relying upon the SCN for determining the tax dues at Rs. 1.34 Crores is contrary to its stand before...
November 29, 2022
S.Tax:
Enhancement of late fee/penalty levied u/s 70 of FA - only the persons who are liable to pay service tax, have to file the return on time else they are liable to pay...
November 29, 2022
S.Tax:
Refund of amount paid erroneously - time limitation - one year from the date of invoices - Appellant is entitled to get refund against all those tax paid erroneously,...
November 29, 2022
C.Ex.:
Valuation of goods - Recovery of short paid duty - packaged drinking water - goods sold to institutional buyers - the goods were not being consumed by ABCTC themselves...
November 29, 2022
VAT:
Classification of goods - Drip Irrigation materials and installation of the system for the buyers - Pipe remains a pipe when it is integrated for use along with pumps...
November 28, 2022
GST:
Seeking reimbursement of GST from the service recipient - GTA service or Support Services relating to mining - taxable @12% or 18% - BPCL have been made for...
November 28, 2022
I.Tax:
TDS u/s 194N - deduction of tax on cash withdrawal - Agricultural Co-operative Credit Society - The challenge to the impugned Circulars cannot be entertained as the...
November 28, 2022
I.Tax:
Undisclosed income - on-money - retracted statement - One of the purchasers has stated on oath that a Police complaint was given against him and therefore, he had given...
November 28, 2022
I.Tax:
Exemption u/s 11 - benefit of registration granted u/s.12A of the Act from AY 2019-20, would be available for earlier years also that are pending as on the date of grant...
November 28, 2022
I.Tax:
Unexplained cash deposit and gift received from assessee’s wife - genuineness - Despite giving several opportunities to the Ld. AR, the Ld. AR was adamant to concise the...
November 28, 2022
I.Tax:
House property income - disallowance of expenses debited on account of earning of such rental income - the issue is restored to the file of the AO with a direction to...
November 28, 2022
I.Tax:
Levy of income tax - Applying the concessional rate of tax @ 22% u/s 115BAA - assessee did not file Form 10–IC before the due date of filing the return of income - no...
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H
: Additions on the basis of material seized during the search in case of...
H
: Refund of EDD - Period of limitation - Appellant unaware of finalisati...
H
: Enhancement of value - old and used worn clothing, completely fumigate...
H
: Classification of imported goods - Optical Transceiver - Benefit exemp...
H
: Valuation of imported Goods - Allowance of discount of 25% to appellan...
H
: Initiation of CIRP - Maintainability of application filed u/s 9 of the...
H
: CIRP - Validity of deed of assignment of lease - Authority of RP to Is...
H
: Rejection of Section 7 Application - NPA - Corporate Debtor unable to ...
H
: Extended period of Limitation - suppression of facts or not - The Trib...
H
: Refund of CENVAT Credit - Discretion Power of the refund sanctioning a...
H
: CENVAT Credit - Input service distribution (ISD) - Distribution of cre...
H
: SSI Exemption - clubbing of clearances of four units - dummy unit crea...
H
: Classification of Nylon Chips - After detailed consideration of variou...
H
: Food Safety and Standards - Selling sugar boiled confectionery with in...
H
: Dishonour of cheque - vicarious liability - liability of group compani...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
C
: Unauthorised foreign exchange transactions
C
: Partial modification of Circular No. 3 of 2023 dated 28.03.2023 regard...
A
: Excess or Short Payment of Customs Duty on Import of goods into India
A
: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
C
: Cross Margin benefits for offsetting positions having different expiry...
N
: Under section 80G(2)(b) the Central Government Notified “Shree Ramanuj...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
A
: IGST is not payable under RCM for services in Free-on-Board and Cost I...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
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